C4E Studio

END USER LICENSE AGREEMENT (EULA)

Please read this C4E End User License Agreement (the "C4E End User License Agreement" or "C4E EULA" or “EULA”) carefully as contains valuable information about your legal rights, remedies, and obligations and governs (i) your access and use of the C4E Platform, (ii) your access and use of C4E teaching and learning tools and applications, or (iii) your access and use of the services that link to or reference these C4E EULA. The Site, Application, and other C4E tools and services together are collectively called the "C4E Platform." By accessing or using the C4E Platform, you agree to this C4E EULA and enter into a legally binding contract with Connect For Education, Inc. ("C4E").

Certain areas of the C4E Platform may have distinct terms, conditions, standards, guidelines, or policies. In the event of a conflict between this Agreement and the terms and conditions posted for a specific area of the C4E Platform, the latter shall take precedence with respect to your use of or access to that area.

Throughout this Agreement, "you" or "your" may refer to a Company or an Authorized User (as defined below). If you are entering into this Agreement on behalf of a company or other legal entity ("Company"), you represent that you have the authority to bind such Company, its users, and affiliates to this Agreement. The terms "you" and "your" also apply to such entities, users, and affiliates. If you lack such authority or do not agree with this Agreement, you are prohibited from using the C4E Platform. As an individual not acting on behalf of a company or other legal entity, you acknowledge that this Agreement is a binding contract between you and C4E, governing your use of the Service.

You confirm that you have read and understood our Privacy Policy ("Privacy Policy"). We may disclose information about you to third parties under certain circumstances as outlined in our Privacy Policy.

Our Mentor Policy ("Mentor Policy"), Payment Policy ("Payment Policy"), Community Policy ("Community Policy"), and Copyright Policy ("Copyright Policy") collectively referred to as "C4E Policies," are incorporated by reference into this Agreement, as applicable to your use of the C4E Platform.

Do not access or use the C4E Platform if you are unwilling or unable to be bound by this Agreement.

1. Definitions

"Applications" refers to mobile, tablet, and other smart device applications and application program interfaces provided by C4E, including but not limited to the mobile applications titled "C4E."

"C4E," "we," "us," or "our" signifies C4E Inc. concerning Members accessing and utilizing the C4E Service.

"C4E Content" encompasses content created and made available by C4E in connection with the C4E Platform, including proprietary C4E content and any content licensed or authorized for use by or through C4E from third parties, but excluding Member Content.

"C4E Platform" denotes the "C4E" Application(s), the Mentor Site https://dev-mentors.c4edu.com and the Applied Music website operated by C4E https://instruments.c4edu.com.

"Member Content" includes all content, such as text, photos, audio, video, or other materials and information, posted, uploaded, published, submitted, transmitted, or included in a member's profile.

"Sites" refers to C4E’s websites, including but not limited to https://connect4education.com and https://c4edu.com.

"Student" describes a member that purchases Mentor Services.

"Mentor" represents a Music Teacher or a Community Mentor that offers and delivers Mentor, Coaching, or Teaching Services.

"Mentor Services" encompasses all services provided by Music Professionals or Community Mentors as detailed in the Mentor Policy, including paid lessons, packages, and other services where C4E Credits (as defined in the Payment Policy) are exchanged.

2. Relationship

The C4E Platform is an online venue for learning instrumental performance skills allowing registered users ("Mentors and Students") to utilize our Connection Services and Payment Services to interact directly. By using the C4E Platform, you acknowledge and agree that C4E is not a party to any agreements between Students and Mentors, nor a music services broker or agent. C4E has no control over the conduct of Students, Teachers, or other users of the C4E Platform or the services provided by Teachers or other Members via the C4E Platform and disclaims all liability in this regard to the fullest extent permitted by law.

As a Mentor on the C4E Platform, you understand and agree that your relationship with C4E is limited to being a Mentor and an independent, third-party contractor, not an employee, agent, joint venture, or partner of C4E for any reason. You act solely on your own behalf and for your own benefit, not on behalf of or for the benefit of C4E. C4E does not control your listing, activities associated with your profile, or listed services, or any other matters related to the services you provide. As a Mentor, you agree not to create a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of C4E, including any unauthorized or inappropriate use of C4E intellectual property.

3. Modification

C4E reserves the right, at its sole discretion, to modify the C4E Platform and this Agreement at any time and without prior notice. If we modify this Agreement, we will either post the modification on the Sites and Applications or provide you with notice of the modification. We will also update the "Last Updated" date at the top of this Agreement. By continuing to access or use the C4E Platform after we have posted a modification on the Sites and Applications or provided you with notice of a modification, you indicate your agreement to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the C4E Platform.

4. Eligibility

The C4E Platform is accessible solely to individuals who are at least 18 years of age and possess the legal capacity to enter into binding contracts under applicable law.

ALTHOUGH WE EXERT GOOD FAITH EFFORTS TO VERIFY THE PROFESSIONALISM OF EACH TEACHER ON THE C4E PLATFORM, WE CANNOT GUARANTEE THE CHARACTER, QUALIFICATIONS, OR THE ACCURACY OF THE INFORMATION PROVIDED BY TEACHERS THROUGH THE C4E PLATFORM. WHEN ENGAGING WITH OTHER MEMBERS, EXERCISE PRUDENCE AND COMMON SENSE TO SAFEGUARD YOUR PERSONAL WELL-BEING AND PROPERTY, AS YOU WOULD WHEN INTERACTING WITH UNKNOWN INDIVIDUALS. NEITHER C4E NOR ITS AFFILIATES OR LICENSORS ASSUME RESPONSIBILITY FOR THE CONDUCT OF ANY C4E PLATFORM MEMBERS, WHETHER ONLINE OR OFFLINE. C4E AND ITS AFFILIATES AND LICENSORS DISCLAIM LIABILITY FOR ANY CLAIM, INJURY, OR DAMAGE ARISING FROM YOUR USE OF THE C4E PLATFORM.

5. Description of Services
5.1 C4E Services

C4E’s services include:

  1. Connection Services. C4E provides Members with access to and use of the C4E Platform, which is an online venue where (a) Students can conduct searches, connect with, choose, and engage Mentors directly for Mentor Services; (b) Mentors can advertise their capabilities, respond to inquiries, connect with and engage students to provide them with Mentor Services (collectively, "Connection Services"). For the avoidance of doubt, in providing the Connection Services, C4E only provides the venue for Mentors and Students to find each other and schedule lessons. C4E does not participate in any capacity in the learning interactions between Mentors and Students.
  2. Payment Services. Additionally, for Students and Mentors, C4E offers certain payment processing services and related technical support, collectively known as "Payment Services."
5.2 Mentor Services

Mentors deliver Mentor Services through the C4E Platform. All mentors must adhere to C4E's Mentor Policy. C4E's responsibility concerning Mentor Services is limited to enabling the availability of the C4E Platform.

6. C4E Account
6.1 Account Registration

"C4E Content" refers to any content created and made available by C4E in relation to the C4E Platform, including proprietary C4E content and content licensed or authorized for use by or through C4E from third parties, excluding Member Content.

Your C4E Account is intended for personal, non-commercial use, provided that if you create a C4E Account on behalf of a Company, you may authorize Employees to utilize the C4E Platform. To establish a C4E Account, you must be eligible for the C4E Platform you are registering for, reside in a country where the C4E Platform's use is permitted, possess a valid email address and mobile phone number (if applicable), and provide accurate and truthful information. You may not impersonate others, provide an email address or mobile phone number other than your own, or create multiple C4E Accounts. You may opt to display a pseudonym to other Members but be aware that others may still identify you if, for example, you include identifying information during your use of the C4E Platform, use identical C4E Account information on other websites, or permit other websites to share information about you with us. For further information, please refer to our Privacy Policy for more information.

Additionally, C4E may require you to choose a username and password when creating a C4E Account. You acknowledge your responsibility to ensure the selected username does not infringe upon any third-party rights and is not unlawful. C4E may, at its sole discretion, refuse to grant a username for any reason, including if the proposed username impersonates or falsely implies an association with another person or entity, is or may be illegal, is or may be protected by trademark or other proprietary rights, is vulgar or otherwise offensive, or may cause confusion, or for any other reason as determined by C4E at its sole discretion. Your selection and use of a specific username do not convey any ownership or rights in that username, and C4E reserves the right to revoke and/or reassign that username at its sole discretion. You understand and agree that C4E reserves the right to modify, remove, alter, or delete any username, with or without prior notice to you, at any time and for any reason, at C4E's sole discretion. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND ALL ACCESS TO AND USE OF YOUR C4E ACCOUNT, INCLUDING ANY AND ALL ACTIVITIES (INCLUDING USE OF THE C4E PLATFORM, AS APPLICABLE) THAT ARE CONDUCTED THROUGH THE USE OF YOUR USERNAME AND PASSWORD, WHETHER OR NOT AUTHORIZED BY YOU. YOUR C4E ACCOUNT MAY BE SUSPENDED OR TERMINATED IF SOMEONE ELSE USES YOUR C4E ACCOUNT TO ENGAGE IN ACTIVITY THAT VIOLATES THESE C4E TERMS.

You agree to promptly notify C4E of any unauthorized use of your C4E Account. We reserve the right to close your C4E Account at any time if you violate this C4E EULA or if we have a legitimate interest in doing so, such as complying with a legal or regulatory obligation.

6.2 Third-Party Account

"Mentor" means a Member, Mentor or Community Professional that offers and delivers Mentor Services.

6.3 Link your C4E Account with Third-Party Account

As an inherent feature of the C4E Platform, you may link your C4E Account to Third-Party Accounts by either: (i) submitting your Third-Party Account login details to C4E via the C4E Platform; or (ii) authorizing C4E to access your Third-Party Account, in accordance with the applicable terms and conditions governing your use of such Third-Party Account. You warrant that you are entitled to disclose your Third-Party Account login information to C4E and/or grant C4E access to your Third-Party Account (including, but not limited to, for the purposes outlined herein), without violating any terms and conditions governing your use of the relevant Third-Party Account, and without imposing any fee obligations on C4E or subjecting C4E to any usage limitations imposed by third-party service providers. By permitting C4E access to any Third-Party Accounts, you acknowledge that C4E will access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account ("SNS Content"), making it accessible on and through the C4E Platform via your C4E Account and C4E Account profile page. Unless otherwise specified in this C4E EULA, all SNS Content, if any, will be considered Member Content for all intents and purposes of this C4E EULA.

If you opt to link Third-Party Accounts to your C4E Account, depending on the privacy settings you have selected for such Third-Party Accounts, some information that you have provided to us from the linking of your Third-Party Accounts might be available on and through the C4E Platform via your C4E Account and C4E Account profile page. You may disable the connection between your C4E Account and your Third-Party Accounts at any time by accessing the "Settings" section of the Sites or Applications. Disabling the connection between your C4E Account and your Third-Party Accounts will result in the unavailability of SNS Content from that Third-Party Account on and through the C4E Platform, and you will no longer be able to access your C4E Account through such Third-Party Account.

PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED EXCLUSIVELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. C4E does not undertake any efforts to review any SNS Content for purposes such as accuracy, legality, or non-infringement, and C4E disclaims any responsibility for any SNS Content.

Your C4E Account and C4E Account profile page will be established for your use of the C4E Platform based on the information you provide to us or that we obtain through a Third-Party Account linked to your C4E Account, as outlined above.

6.4 Association with a Company

If you are an employee of a Company, during the registration process, you may identify a Company with which your profile and C4E Account will be associated. Alternatively, your individual profile may have been created by an authorized representative of the Company, and your profile and C4E Account will be associated with that Company. If your C4E Credits, Mentor Services, and Payment Services are provided or scheduled by a Company, you may lose access to such C4E Credits, Mentor Services, and Payment Services upon termination or change in the status of your relationship with that Company. If you are an authorized representative of an entity receiving the Services, you hereby warrant and represent to us that (a) you possess the appropriate authority to create, terminate, and maintain the company account and to add and remove individual members to and from the account; and (b) you have obtained all necessary consent from any applicable individuals for the creation of their accounts and the processing of individual information. You agree to indemnify us for any losses we may incur due to any breach of these warranties and representations.

7. Proprietary Rights

All content accessible via the C4E Platform is either owned by C4E, C4E's licensors, or licensed to C4E and C4E's licensors in accordance with Section 10 (Member Content). As between you and C4E, you retain ownership of your Member Content. C4E maintains ownership of the C4E Content, encompassing, but not limited to, visual interfaces, interactive features, graphics, design, compilations of Member Content, computer code, products, software, aggregate Member review ratings, and all other elements and components of the C4E Platform, excluding Member Content. Furthermore, as between you and C4E, we possess the copyrights, trademarks, service marks, trade names, and other intellectual property rights throughout the world associated with the C4E Content and the C4E Platform, which are safeguarded by copyright, trade dress, patent, trademark laws, and all other relevant intellectual and proprietary rights and laws. Unless explicitly and unambiguously stipulated herein, C4E does not grant you any express or implied rights, and all rights pertaining to the C4E Platform and the C4E Content remain vested in C4E.

8. Licensing Agreement

In accordance with, and contingent upon, adherence to the terms set forth in this C4E End User License Agreement (EULA), C4E confers upon you a restricted, individual, non-exclusive, non-transferable, non-sublicensable, revocable license to access and utilize the C4E Platform. It is explicitly stated in this C4E EULA that any unauthorized modifications (including, but not limited to, the creation of derivative works), duplication, adaptation, reverse engineering, decompilation, or conversion into a human-readable format, dissemination, framing, replication, republication, downloading, scraping, exhibition, posting, transmission, transfer, licensing or sublicensing, public display, or sale of any C4E Content, other Members' Member Content, or the C4E Platform, in whole or in part, are strictly prohibited without the express prior written consent of C4E or its licensors.

The licenses conferred upon you are subject to your appropriate behavior and adherence to the terms of this C4E EULA, as determined solely by C4E. We retain the right, at our sole discretion, to temporarily or permanently suspend or deny your access to all or any part of the C4E Platform.

9. User-Generated Content

At our sole discretion, we may allow you to post, upload, publish, submit, store, or transmit your User-Generated Content. By providing any User-Generated Content on or through the C4E Platform, you grant C4E a global, irrevocable, perpetual (or for the duration of the applicable protection), non-exclusive, transferable, royalty-free license, including the right to sublicense, to utilize, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User-Generated Content on, through, or in connection with promoting or marketing the C4E Platform. C4E does not claim any ownership rights in any User-Generated Content.

You acknowledge and agree that you bear sole responsibility for all User-Generated Content you make available through the C4E Platform. Consequently, you represent and warrant that: (i) you either possess sole and exclusive ownership of all User-Generated Content you provide through the C4E Platform or via C4E promotional campaigns, or you have obtained all necessary rights, licenses, consents, and releases to grant C4E the rights in such User-Generated Content, as contemplated under this C4E EULA; and (ii) neither your User-Generated Content nor your posting, uploading, publication, submission or transmission of your User-Generated Content, or C4E's utilization of your User-Generated Content (or any portion thereof) on, through, or by means of the C4E Platform or C4E promotional campaigns will infringe, misappropriate, or violate a third party's patent, copyright, trademark, trade secret, moral rights, or other proprietary or intellectual property rights, or rights of publicity or privacy, or contravene any applicable law or regulation.

If you are an educator, you may share your User-Generated Content with your students.

C4E respects copyright law and expects its members to adhere to it as well. If you believe that any content on the C4E Platform violates copyrights you hold, please notify us in accordance with our Copyright Policy.

10. Limitations

C4E is under no obligation to enforce the C4E Terms on your behalf against another Member. Although we encourage you to inform us if you suspect another Member of violating the C4E Terms, we reserve the right to investigate and take appropriate action at our sole discretion.

10.1 Prohibited Activities

You agree not to engage in, facilitate, or encourage others to utilize the C4E Platform in a manner that:

  • Infringes upon any third party's rights, including any breach of confidentiality or any violation of copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
  • Introduces content that is indecent, libelous, defamatory, obscene, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable;
  • Solicits personal information from minors or distributes or transmits pornography;
  • Threatens, stalks, harms, or harasses others, or promotes bigotry or discrimination;
  • Advertises a business or other commercial venture or event, or employs the C4E Platform for commercial purposes, except as explicitly authorized by C4E or contemplated in this C4E EULA;
  • Sends bulk emails, surveys, or other mass messaging, whether commercial or non-commercial; engages in keyword spamming; or endeavors to manipulate the C4E Platform's search results or the search results of any third-party website; or
  • Contravenes any applicable law.
10.2 Additional Limitations

If you opt to link Third-Party Accounts to your C4E Account, subject to the privacy settings you have chosen for such Third-Party Accounts, some information provided to us from the linkage of your Third-Party Accounts may be accessible on and through the C4E Platform via your C4E Account and C4E Account profile page. You can sever the connection between your C4E Account and your Third-Party Accounts at any time by accessing the "Settings" section of the Sites or Applications. Upon disabling the connection between your C4E Account and your Third-Party Accounts, SNS Content from the respective Third-Party Account will no longer be available on and through the C4E Platform, and you will lose the ability to access your C4E Account via that Third-Party Account.

You agree not to:

  • Breach this C4E EULA;
  • Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or exploit the C4E Platform, any C4E Content, or other Members' User-Generated Content, except as expressly authorized by us;
  • Employ any robot, spider, site search/retrieval application, or another automated device, process, or means to access, retrieve, scrape, or index any part of the C4E Platform, any C4E Content, or other Members' User-Generated Content;
  • Reverse engineer any segment of the C4E Platform;
  • Remove or modify any copyright, trademark, or other proprietary rights notice appearing on any part of the C4E Platform or on any materials printed or copied from the C4E Platform;
  • Record, process, or mine information about other Members;
  • Access the C4E Platform through means other than the public interfaces we provide;
  • Reformat or frame any segment of the C4E Platform;
  • Undertake any action that imposes, or may impose, an unreasonable or disproportionately large load on our technology infrastructure or otherwise generate excessive traffic demands on the C4E Platform, as determined by C4E in its sole discretion;
  • Attempt to gain unauthorized access to the C4E Platform, C4E Accounts, computer systems, or networks connected to the C4E Platform through hacking, password mining, or any other means;
  • Utilize the C4E Platform, any C4E Content, or other Members' User-Generated Content to transmit any computer viruses, worms, defects, Trojan horses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of the C4E Platform;
  • Employ any device, software, or routine that disrupts the proper functioning of the C4E Platform or otherwise attempts to interfere with the proper operation of the C4E Platform;
  • Use the C4E Platform to breach the security of any computer network, crack passwords or security encryption codes, disrupt or interfere with the security of, or otherwise cause harm to the C4E Platform, any C4E Content, or other Members' User-Generated Content;
  • Remove, circumvent, disable, damage, or otherwise interfere with any security-related features of the C4E Platform, features that prevent or restrict the use or copying of any C4E Content or other Members' User-Generated Content, or features that enforce limitations on the use of the C4E Platform;
  • Authorize any third party to use the C4E Platform, including but not limited to Mentor Services, through your C4E Account, or schedule any Mentor Services on behalf of individuals other than yourself, except that the Company authorizes its Employees to use the C4E Platform and schedule Mentor Services on behalf of its Employees;
  • Schedule and/or provide any Mentor Service outside of the C4E Platform;
  • Make, accept, or receive any payment related to the Mentor Service outside of the C4E Platform;
  • Solicit and/or recruit C4E Members to work or study on other software or instrument learning platforms.

The above limitations apply only to the extent permissible under applicable law. However, you agree not to act contrary to these limitations (even if permissible under applicable law). Additionally, C4E reserves the right to determine what conduct it considers in violation of this C4E EULA or contrary to the intent or spirit of the C4E Platform. C4E reserves the right to take action in response to any such violation, which may include terminating your C4E Account and prohibiting you from using the C4E Platform in whole or in part.

11. Third-Party Links

The C4E Platform may feature links to third-party websites or resources. You acknowledge and agree that C4E is neither responsible nor liable for (i) the availability or accuracy of such websites or resources, or (ii) the content, products, or services provided by or available from such websites or resources. The inclusion of links to such websites or resources does not imply any endorsement by C4E of those websites or resources, or the content, products, or services associated with them. You acknowledge that you bear sole responsibility for and assume all risks arising from your use of any such websites or resources, or the content, products, or services available from them.

12. Enforcement of C4E Platform Terms and Conditions

We reserve the right to suspend or cancel your C4E Account if we believe that you have violated or acted inconsistently with the letter or spirit of this C4E EULA, or infringed upon our rights or those of a third party in connection with your use of the C4E Platform. Without limiting C4E's other remedies, we may suspend, cancel, or terminate your C4E Account, restrict your access to certain portions of the C4E Platform, freeze or confiscate your C4E Credits (as defined in the Payment Policy), and/or ban you from the C4E Platform entirely, without notice or liability of any kind, if: (a) you breach any terms and conditions of this C4E EULA or any other written policies and procedures posted on the C4E Platform, including but not limited to C4E Policies; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may result in legal liability for you, our Members, or C4E.

Once suspended or terminated, you may not continue using the C4E Platform under a different C4E Account or re-register with a new C4E Account. This includes the use of any associated Payment Services. Furthermore, violations of this C4E EULA may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions. If you engage in actions or activities that circumvent the C4E Platform or otherwise reduce service fees owed or paid to C4E under this C4E EULA, you will be liable to C4E for the full amount of the service fees due and may be subject to additional sanctions, including, but not limited to, suspension or termination of your C4E Account. C4E reserves the right to terminate any Member or project for any reason, at its sole discretion, and to refuse to provide registration and membership to you in the future. If your membership is canceled, you may no longer have access to data, messages, files, and other materials stored on the C4E Platform.

13. Disclaimers

THE C4E PLATFORM PROVIDED BY C4E AND THE SERVICES OFFERED BY C4E, ANY OF OUR LICENSORS, OR TEACHERS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY, AND "WITH ALL FAULTS," WITH THE EXPRESS UNDERSTANDING THAT C4E MAY NOT MONITOR, CONTROL, OR VET MEMBER CONTENT OR ANY CONTENT FROM THIRD PARTIES. C4E EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES RELATING TO THIRD-PARTY PRODUCTS OR SERVICES, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE. YOUR USE OF THE C4E PLATFORM IS AT YOUR SOLE DISCRETION AND RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, CONCERNING THE QUALITY, IDENTITY, OR RELIABILITY OF ANY THIRD PARTY, OR THE ACCURACY OF POSTINGS MADE ON THE C4E PLATFORM BY ANY THIRD PARTY. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON THE DURATION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

FURTHERMORE, DESPITE ANY FEATURE A STUDENT MAY USE TO SELECT A TEACHER, EACH STUDENT IS RESPONSIBLE FOR SELECTING THEIR TEACHER AND NEGOTIATING A CONTRACT. C4E DOES NOT PROVIDE ANY WARRANTY REGARDING GOODS OR SERVICES PURCHASED BY A STUDENT ON THE C4E PLATFORM AND DOES NOT RECOMMEND ANY SPECIFIC TEACHER. C4E DOES NOT PROVIDE WARRANTIES OR GUARANTEES CONCERNING ANY TEACHER'S PROFESSIONAL ACCREDITATION, REGISTRATION, OR LICENSE.

14. Limitation of Liability

IN NO EVENT SHALL C4E, OUR LICENSORS, OR THE TEACHERS BE LIABLE TO YOU OR ANY OTHER MEMBER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES PURSUANT TO THESE C4E TERMS, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION AND EXCLUSION MAY NOT APPLY TO YOU NOTWITHSTANDING ANY OTHER PROVISION OF THESE C4E TERMS, IN NO EVENT WILL OUR LIABILITY TO YOU FOR ANY ACTION OR CLAIM RELATED TO THE C4E PLATFORM PROVIDED UNDER THESE C4E TERMS, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE OR ANY OTHER THEORY OF LIABILITY, EXCEED IN THE GREATER OF: (A) $100 OR (B) THE AGGREGATE AMOUNT OF SERVICE CHARGES ACTUALLY COLLECTED BY US FROM YOU FOR THE SERVICES TO WHICH THE LIABILITY RELATES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DETERMINATION OF SUCH LIABILITY.

15. Indemnification

You agree to indemnify, defend, and hold C4E harmless, including all costs, liabilities, and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the C4E Platform, (ii) your decision to submit postings and accept offers from other Members, (iii) any breach of contract or other claims made by Members with whom you conducted business through the C4E Platform, (iv) your violation of this C4E EULA, (v) any products or services purchased or obtained by you in connection with the C4E Platform, (vi) any liability arising from the tax treatment of payments to Mentors, (vii) any negligent or intentional wrongdoing committed by you on or through the C4E Platform, (viii) any infringement by you, or any third party using your C4E Account, of any intellectual property or other rights of any person or entity, (ix) your failure to pay or dispute any fees owed to any Mentor or any other amounts owed to other Members; and/or (x) your failure to fulfill your obligations as a Mentor or to a Mentor. C4E reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify C4E, and you agree to cooperate with C4E's defense of these claims. You agree not to settle any such matter without the prior written consent of C4E. C4E will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

16. Suspension, Termination, or Cancellation
16.1 Termination by You

You may terminate this C4E EULA at any time by closing your C4E Account, discontinuing your use of the C4E Platform, and removing the Applications from your device. You reserve the right to cancel your C4E Account at any time.

16.2 Termination by C4E

We may suspend, cancel, or terminate your C4E Account, suspend your ability to use certain portions of the C4E Platform, freeze or confiscate your C4E Credits (as defined in the Payment Policy), and/or prohibit you entirely from the C4E Platform for any reason or for no reason, and without notice or liability of any kind. Reasons for such suspension, cancellation, or termination may include, but are not limited to, if we believe in good faith that (a) you, a related person, or your Employee (to the extent you are a Company) have engaged in any of the restricted conduct described in Section 11 (Restrictions) or otherwise violated or may have violated this C4E EULA and/or any C4E Policies, or (b) your C4E Account and use of the C4E Platform have been inactive for more than twelve (12) months. To the extent that you violate this C4E EULA, and we revoke the licenses granted to you, you will lose all benefits and privileges associated with the C4E Platform. We are under no obligation to compensate you for any such losses.

We reserve the right to discontinue any one or more of the C4E Platforms, at any time, whether on a temporary or permanent basis, and without any liability, compensation, refunds, or other compensatory benefits to you. Your license to the C4E Platform automatically terminates when we cease access to such C4E Platform. Any such action could prevent you from accessing your C4E Account, the C4E Platform, any C4E Content, or any other related information.

16.3 Survival

In the event of any termination of this C4E EULA, whether by you or C4E, the following Sections will continue in full force and effect: Section 8 (Proprietary Rights), Section 9 (User-Generated Content), including but not limited to C4E's right to use your Member Content, Section 10 (Limitations), Section 11 (Third-Party Links), Section 12 (Enforcement of C4E Platform Terms and Conditions), Section 13 (Disclaimers), Section 14 (Limitation of Liability), Section 15 (Indemnification), Section 16 (Suspension, Termination or Cancellation), Section 17 (Entire Agreement), Section 18 (Assignment), Section 19 (Notices), Section 20 (Governing Law and Jurisdiction), Section 21 (Dispute Resolution; Binding Arbitration and Class Action Waiver), Section 22 (Feedback), and Section 23 (General).

17. Entire Agreement

Except as they may be supplemented by additional C4E policies, guidelines, standards, or terms specific to a particular product, feature, service, or offering, this C4E EULA, along with the C4E Policies, constitutes the complete and exclusive understanding and agreement between C4E and you concerning the subject matter herein. This agreement supersedes all prior oral or written understandings or agreements between C4E and you with respect to your access to and use of the C4E Platform.

18. Assignment

You are not permitted to assign or transfer this C4E EULA, or any rights or obligations herein, by operation of law or otherwise, without obtaining C4E's prior written consent. Any attempt on your part to assign or transfer this C4E EULA without such consent will be deemed null and void. C4E, at its sole discretion and without restriction, may assign or transfer this C4E EULA, along with any rights or obligations contained herein. Subject to the aforementioned, this C4E EULA shall be binding upon and shall benefit the parties, their successors, and permitted assigns.

19. Notices

Unless you expressly indicate otherwise in writing to customer service in accordance with Section 24 (Contacting Customer Service), C4E will communicate with you via email or by posting communications on the C4E Platform. By using the platform, you consent to receive electronic communications from us and agree that such electronic communications satisfy any legal requirements that such communications be in writing. Communications will be deemed received when C4E sends the communication to the email address you have provided on the C4E Platform or when C4E posts the communication on the platform. It is your responsibility to maintain an updated email address on the C4E Platform and to regularly check the platform for postings. If you fail to respond to an email from C4E regarding a violation, dispute, or complaint within two business days, C4E reserves the right to terminate or suspend your C4E Account.

All notices to C4E with legal effect pertaining to this C4E EULA must be in writing and delivered either in person or through a method with a documented delivery receipt, to the following address:

Connect For Education, Inc.
620 Herndon Parkway, Suite 200
Herndon, VA 20170

Notices to C4E are deemed effective upon receipt.

20. Governing Law
20.1 For Residents Outside of the United States

Except as otherwise specified in Section 20.2 below, any claims arising out of the C4E Platform or this C4E EULA shall be governed by and construed in accordance with the laws of the United States, without giving effect to any principles of conflicts of law.

20.2 For Residents in the United States

Any claims arising out of the C4E Platform or this C4E EULA that are brought in the United States shall be governed by and construed in accordance with the laws of the State of Virginia, without giving effect to any principles of conflicts of law.

21. Dispute Resolution; Binding Arbitration and Class Action Waiver

READ THIS SECTION 21 CAREFULLY. THIS SECTION 21 MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN THE COURT.

21.1 Informal Dispute Resolution

Our customer service department is available as noted in Section 24 (Contacting Customer Service) to address any concerns, disputes, claims, or controversies you may have regarding the C4E Platform, this C4E EULA, or the relationship between you and C4E (collectively, "Disputes"). Most Disputes are quickly resolved in this manner to our users’ satisfaction. The parties shall use their best efforts to settle any Dispute directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.

21.2 Dispute Resolution for Residents Outside of the United States

In the event that the parties do not agree upon a resolution in connection with a Dispute within a period of thirty (30) calendar days from the time informal dispute resolution is initiated pursuant to Section 21.1 (Informal Dispute Resolution), except as otherwise specified in Section 21.3 (Dispute Resolution for Residents in the United States) below, you and C4E expressly agree that any claim or action arising out of or relating to the C4E Platform or this C4E EULA shall be submitted by any party to be finally resolved by arbitration by written notice to the other party. The arbitration shall be conducted in the USA under the auspices of the USA International Arbitration Center. The number of arbitrators shall be one (1) unless otherwise agreed in writing by the parties. The arbitration proceedings shall be conducted in English.

21.3 Dispute Resolution for Residents in the United States
  1. Agreement to Arbitrate. If the parties do not agree upon a resolution in connection with a Dispute within a period of thirty (30) calendar days from the time informal dispute resolution is initiated pursuant to Section 21.1 (Informal Dispute Resolution), then either party may initiate binding arbitration as the sole means to formally resolve claims (the "Agreement to Arbitrate"), subject to the terms set forth below. Specifically, all Disputes shall be finally settled by binding arbitration administered by the American Arbitration Association ("AAA"). The arbitration proceedings shall be governed by AAA’s Commercial Arbitration Rules (the "AAA Rules") and, where appropriate, AAA’s Supplementary Procedures for Resolution of Consumer-Related Disputes (the "AAA Consumer Rules"). This arbitration provision is made pursuant to a transaction involving interstate commerce, and the Federal Arbitration Act shall apply to the interpretation, applicability, enforceability, and formation of this C4E EULA notwithstanding any other choice of law provision contained in this C4E EULA. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this C4E EULA, including without limitation any claim that all or any part of this C4E EULA is void or voidable, or whether a claim is subject to arbitration. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
    The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator shall decide in writing and shall provide a statement of reasons if requested by either party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. The AAA Rules and the AAA Consumer Rules are both available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. The parties understand that, in the absence of this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the cost of litigation and the right to discovery may be more limited in arbitration than in court.
  2. Location. The arbitration will take place at any reasonable location within the United States convenient for you.
  3. Class Action Waiver. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND C4E AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR C4E’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this subsection is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed invalid in its entirety and the parties shall be deemed to have not agreed to arbitrate Disputes.
  4. Exception – Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the party's decision to resolve all Disputes through arbitration, either party may bring an action in state or federal court that only asserts claims for patent infringement or invalidity, copyright infringement, moral rights violations, trademark infringement, and/or trade secret misappropriation, but not, for clarity, claims related to the license granted to you for the C4E Platform under this Agreement. Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s authority. 
  5. 30-Day Right to Opt Out. You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth in Section 21.3(i) (Agreement to Arbitrate), Section 21.3(ii) (Location), and Section 21.3(iii) (Class Action Waiver) above by sending written notice of your decision to opt-out pursuant to Section 19 (Notices). The notice must be sent within 30 days (about 4 and a half weeks) of your first access to or use of the C4E Platform; otherwise, you will be bound to arbitrate Disputes in accordance with the terms of those Sections. If you opt out of these arbitration provisions, C4E also will not be bound by such provisions.

22. Feedback

In providing any ideas, suggestions, documents, or proposals ("Feedback") to us, you acknowledge and agree that (i) your Feedback does not contain confidential or proprietary information belonging to third parties, (ii) we have no obligation to maintain the confidentiality of the Feedback, whether express or implied, (iii) we may be considering or developing something similar to the Feedback, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, create derivative works from, publish, distribute, and sublicense the Feedback. Additionally, you irrevocably waive, and ensure the waiver of, any claims and assertions of moral rights you may have in connection with such Feedback against C4E and other Members.

23. General Provisions

C4E's failure to enforce any right or provision of this C4E EULA shall not be construed as a waiver of future enforcement of that right or provision. Any waiver of such right or provision must be in writing and signed by an authorized representative of C4E. Except as explicitly provided in this C4E EULA, the exercise of any remedy by either party under this C4E EULA shall not prejudice its other remedies under this C4E EULA or otherwise. If an arbitrator or a court of competent jurisdiction deems any provision of this C4E EULA invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, while the remaining provisions of this C4E EULA shall continue in full force and effect.

24. Contacting Customer Service

Should you have any inquiries regarding this C4E EULA, or any other C4E Policy, or have any other questions or need assistance, please reach out to C4E Customer Service through the following means:

Connect For Education, Inc.
620 Herndon Parkway, Suite 200
Herndon, VA 20170
musicmentor@c4edu.com